Mr. Johnston.

Subsequently in a conference between Captain Fritz, Mr. Wade, and two or three of his assistants and myself, and Chief Curry--it was decided to go ahead and arraign him and that arraignment was held at 1:35 a.m., November 23, 1963, in the identification bureau of the Dallas Police Department, and once again I appraised him of his constitutional rights, read the affidavit, and advised him again that I remanded him to the custody of the sheriff, Dallas County, denying bond as capital offense. He was also told at both of these instances that he would be given the right to contact an attorney of his choice.

Mr. Hubert.

Did he ask this at either of these occasions?

Mr. Johnston.

Yes, sir; that was one of the first things he said--that he
wanted this man from New York of the Civil Liberties Union.

Mr. Hubert.

He said that to you ?

Mr. Johnston.

Yes [spelling] A-b-t; however that's pronounced. He said he would like to have this gentleman and I told Oswald when he made that statement that he would be given the opportunity to contact the attorney of his choice.

Mr. Hubert.

Whose duty was it to see that he was given that opportunity?

Mr. Johnston.

The telephone would be made available to him to make any call he wished to make and that would have been advanced to him through the normal routine He possibly could have been given this permission at the city jail and also had he ever made it to the county Jail, here again he would have been given the opportunity to contact a lawyer.

Mr. Hubert.

In any event, you made it clear to him that he had a right to contact a lawyer ?

Mr. Johnston.

That he had a right to be represented by counsel, that he had the right to make a telephone call to contact any person of his choice, and the assault to murder. complaint, alleging the assault to murder of John B. Con-nally in cause No. F-155, The State of Texas versus Lee Harvey Oswald, this complaint was filed by Lt. Robert E. McKinney of the forgery bureau of the Dallas Police Department. This complaint was filed in my office at Richardson, Tex., at 6:15 p.m., on November 23, 1963, and the defendant was not arraigned in this case because he was already being held for two capital offenses. He would have been arraigned in this probably the following week had he lived.

Mr. Hubert.

Can you tell me how Ruby was dressed at the time you saw him ?

Mr. Johnston.

As well as I can remember, the only thing I can say is a white shirt with a tie and a dark suit.

Mr. Hubert.

Did he have an overcoat on?

Mr. Johnston.

He either had the overcoat on or he had it over his arm. He did have an overcoat on.

Mr. Hubert.

What color was it?

Mr. Johnston.

I Would say dark, is the best I can remember. He had on a hat also.

Mr. Hubert.

The time you spoke to Ruby was, as you have indicated, after Oswald had been taken from the assembly room and then Ruby came up and introduced himself to you and to Wade. Did you have any conversation with him at all ?

Mr. Johnston.

I don't remember exactly what was said by myself or Ruby, but I do remember that it closed with---when he had given me his card and he says, "Come by and see me sometime at the club", and that was the closing statement that was made to me by Ruby.

Mr. Hubert.

Did you thereafter see him ?

Mr. Johnston.

No, sir; only, I saw the incident of the shooting on the television, ,but I could not identify the man from the television picture.

Mr. Hubert.

When you saw him, did he have any kind of identification tag on ?

Mr. Johnston.

A tag or anything; no, sir. There was nothing visible that I saw. Now, if I remember correctly, as I say, he may have had his overcoat over his arm---one arm or the other. He possibly could have had something on that overcoat, but I do not recall seeing any type of identification tag or an ID holder or anything hanging down that would show that he was a member of the press or an officer or anything else.

Mr. Hubert.

Now, he handed you his card and you said that at the time, he introduced himself to you and Mr. Wade. You have handed me here a 4-